What is predatory driving?
Predatory driving is a criminal offence under section 51A of the Crimes Act 1900 (NSW). It occurs when someone drives a motor vehicle and:
- Pursues or travels near another vehicle on the road,
- Causing or threatening an impact, and
- Intending to cause the person in the other vehicle actual bodily harm.
An impact refers to an impact with another vehicle, person, or object. It includes the vehicle overturning or leaving the road.
Actual bodily harm includes any injury which interferes with the health or comfort of the victim, including scratches and bruises. It may also include serious and prolonged psychological injury, which is mental harm more serious than temporary emotions or feelings.
What is menacing driving?
Menacing driving is an offence under section 118 of the Road Transport Act 2013 (NSW). It occurs when a driver uses their motor vehicle to “menace” another person on the road. To menace means to threaten personal violence or damage to property.
This offence includes both where the driver intends to menace another person on the road, but also where the driver ought to have known that their driving may cause the other person to feel menaced.
Penalties for predatory driving in NSW
Predatory driving is viewed as a serious offence and penalties can be harsh. Prison is a possibility, even for first time offenders. The potential penalties include:
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $11,000 | $11,000 |
| Maximum term of imprisonment | 5 years | 5 years |
| Minimum disqualification | 12 months | 2 years |
| Automatic disqualification | 3 years | 5 years |
| Immediate licence suspension | No | No |
Penalties for menacing driving in NSW
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $3,300 | $5,500 |
| Maximum term of imprisonment | 18 months | 2 years |
| Minimum disqualification | 12 months | 2 years |
| Automatic disqualification | 3 years | 5 years |
| Immediate licence suspension | No | No |
Consequences of conviction
If you are convicted of menacing or predatory driving, you will have this noted on your criminal record and have your licence disqualified.
The automatic disqualification period will apply unless the court makes a specific order. The court can disqualify your licence for any length of time above the minimum period.
These consequences can be avoided if the court applies section 10 of the Crimes (Sentencing Procedure) Act 1999.
Traffic Offender Intervention Program
The court may give you a more lenient sentence if you participate in the Traffic Offender Intervention Program. This program covers traffic laws and rules, and the potential consequences of breaching the laws. When the course is finished, a certificate will be sent to the court and it can be considered in determining the sentence.
